Kagan & The Declaration of Independence

by Chris | July 2nd, 2010

Kagan does not believe that our Declaration of Independence has the force of law in the United States.  Clearly she lacks the fundamental understanding of our nation’s founding and its subsequent laws.

As President Lincoln stated in this Inaugural Address, March 4, 1861:
"The Union is much older than the Constitution. It was formed in fact, by the Articles of Association in 1774. It was matured and continued by the Declaration of Independence in 1776."

J.M. Balkin, Professor of Constitutional Law and the First Amendment, Yale Law School wrote:
“What is the point of constitutional government in the United States of America? It is the eventual redemption in history of the principles of our founding document. I do not mean the written Constitution of 1787. I mean the Declaration of Independence of 1776. American constitutionalism is and must be a commitment to the promises the Declaration makes about our future as a people. Our country sprang forth from a revolution in political and social structure. The Declaration explains the point of that revolution, and hence the point of our constitutional enterprise.”

Perhaps Kagan’s opposition to the Declaration of Independence exposes the fact that while liberals claim to support the fact that all men are created equal, they neither legislate nor rule in accordance with this stated belief.

Lincoln said, “On the question of liberty, as a principle, we are not what we have been. When we were the political slaves of King George, and wanted to be free, we called the maxim that "all men are created equal" a self evident truth; but now when we have grown fat, and have lost all dread of being slaves ourselves, we have become so greedy to be masters that we call the same maxim "a self evident lie."
–August 15, 1855 Letter to George Robertson

One of the key differences between the Declaration of Independence and our Constitution is that it is the Declaration of Independence that affirms that we are “all men are created equal” and endowed by our “Creator” with unalienable rights.

Kagan and the Obama administration will strip away our individual rights because they believe it is not God who grants rights but government.  Thus Government decides who is allowed rights and under what conditions.

This is exactly why our nation was founded, this is what the Declaration of Independence is fighting against, this is why the Obama Administration will nullify the Declaration of Independence … And this is why we must resist tyranny!

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